Citation NR: 9721688
Decision Date: 06/20/97 Archive Date: 06/30/97
DOCKET NO. 96-00 085 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Boise,
Idaho
THE ISSUE
Entitlement to service connection for multiple sclerosis.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
ATTORNEY FOR THE BOARD
L. A. Samorajczyk, Associate Counsel
INTRODUCTION
The veteran served on active duty from April 1978 to March
1980.
Although the veteran requested a hearing before a Member of
the Board of Veterans’ Appeals (Board) in her November 1995
substantive appeal, she notified the regional office (RO),
through a February 1997 statement from her representative,
that she did not desire a hearing before either a Member of
the Board or a Hearing Officer.
In May 1997 written argument, the veteran’s representative
raised the issue of entitlement to service connection for a
bilateral knee disability, other than the knee symptomatology
due to multiple sclerosis. This matter is referred to the RO
for appropriate action.
REMAND
In an October 1994 statement, a private neurologist reported
that she had followed the veteran since May 1992. She noted
that multiple sclerosis had been diagnosed. She stated that
she had reviewed the veteran’s service medical records, which
had reflected complaints of low back pain, urinary tract
infections, and visual blurring. The neurologist opined
that, “[w]hile there is no way at this time to say that this
represented early multiple sclerosis, it certainly is within
the realm of probability that the patient’s multiple
sclerosis began back when she was in the service in the late
1970’s and early 1980’s.”
Overall, the Board is of the opinion that additional
development of the record is needed in order to determine the
underlying medical issues to enable the Board to render a
final determination. Colvin v. Derwinski, 1 Vet.App. 171
(1991). Accordingly, the case is REMANDED to the RO for the
following development:
1. The RO should contact the veteran and
ask that she provide the names and
addresses of all health care providers
from whom he has received treatment since
1994 for multiple sclerosis. After
obtaining the necessary permission from
the veteran, copies of any available
records that are not already of record
should be obtained and associated with
the claims folder.
2. The veteran should be afforded a
Department of Veterans Affairs (VA)
neurologic examination in order to
determine the nature and etiology of
multiple sclerosis, if present. All
indicated studies must be conducted. The
claims file and a copy of this remand
must be made available to and reviewed by
the examiner prior to conduction and
completion of the examination. The
examiner should provide an opinion as to
whether there is a causal relationship
between any current neurologic disorder
found and any incident of military
service, including any orthopedic,
genitourinary, and visual complaints.
The examiner should express an opinion as
to the approximate date of onset of all
neurologic disorders found, to include
multiple sclerosis, based on a review of
both the medical and lay evidence. The
rationale for all opinions should be
given in detail.
3. The RO should carefully review the
examination report to ensure that it is
in full compliance with this remand,
including all of the requested findings
and opinions. If not, the report should
be returned to the examiner for
corrective action.
4. Thereafter, the RO should
readjudicate the issue of entitlement to
service connection for multiple
sclerosis.
If service connection for multiple sclerosis remains denied,
the veteran and her representative should be given a
supplemental statement of the case with regard to the
additional development and should also be afforded an
opportunity to respond. Thereafter, the case should be
returned to the Board, if in order. The Board intimates no
opinion as to the ultimate outcome of this case. The veteran
need take no action until otherwise notified.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans’ Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans’ Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1996) (Historical and Statutory Notes).
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
JOHN E. ORMOND, JR.
Member, Board of Veterans’ Appeals
38 U.S.C.A. § 7102 (West Supp. 1996) permits a proceeding
instituted before the Board to be assigned to an individual
member of the Board for a determination. This proceeding has
been assigned to an individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans’ Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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